New Delhi: The Delhi High Court has supported the need for uniform civil code (UCC) observing that there is a need for code – ‘general for all’ in the country and has asked the central government to take the steps needed in this matter.
“In modern Indian society, which gradually becomes homogeneous, traditional religious barriers, communities and caste slowly disappear,” HC said.
“The hope was revealed in Article 44 of the Constitution that the State would secure for uniform citizens, civil code should not remain a sheer hope,” said the Justice bench Prathiba M.
Singh, added that the need for uniform civil code as imagined in Article 44, has been repeated From time to time by the Supreme Court.
“The Supreme Court has been, in 1985 it directed that the assessment at MS Jordon Diengdeh (Supra) was placed in the presence of the Ministry of Law to take the right steps.
However, more than three decades have passed since then and it is unclear about what steps have been taken inside This is today.
Thus, let the current assessment copy communicated to the Secretary, the Ministry of Law & Justice, the Government of India, for the necessary actions as appropriate, “said the court.
“Cases such as those currently have a repeatedly highlighting the need for such code – ‘general for all, which will enable the uniform principles applied in connection with aspects such as marriage, divorce, succession etc., so the principles settled, Protection and procedures.
Suspended and citizens are not done to fight because of conflict and contradictions in various private laws, “said the court.
“In modern Indian societies who gradually become homogeneous, traditional religious barriers, communities and caste slowly disappear,” said the court.
The court observed that Indian youth belonging to various communities, tribes, caste or religion that featured their marriage should not be forced to fight with problems arising because of conflict in various personal laws, especially in relation to marriage and divorce.
The observation of the court came as he heard a request that was seeking the application of Hindu Marriage Law, 1955, in connection with the parties included in the Meana community considering the exception below Section 2 (2) from HMA, 1955.
The couple received married on June 24, 2012.
Petitions who are looking for divorce under section 13-1 (he) from HMA, 1955 submitted by men on December 2, 2015.
The woman prayed for rejection of the divorce petition, with the reasons for HMA, 1955 did not apply to the parties concerned because they are scheduled tribal members who are notified in Rajasthan, and therefore HMA, 1955 will not apply to the case of these parties considering Part 2 (2) from HMA, 1955.
This application was decided by a family court and divorce petition was dismissed by holding that The provisions of HMA, 1955 did not expand to the Meena community, which was the scheduled tribe that was notified.
The man challenged the court order of the trial dated November 28, 2020 in the High Court.
The High Court allows its appeal to challenging the trial court order and set aside court court decisions.
“Appeal is permissible.
The judgment that was revealed was unsustainable and set aside.
The court court was directed to continue with the adjudication of the petition below 13-1 (a) from HMA, 1955 concerning excess and made a decision in it six months,” said the High Court.